Fourth DUI as a Felony

California law allows a fourth DUI within ten years to be prosecuted as a felony. This requires proof that the new offense occured within ten years of three or more DUI or "Wet Reckless" violations that resulted in convictions. Vehicle Code section 23550 states that a person convicted under this section shall be punished by imprisonment, or in a county jail for not less than 180 days and not more than one year.

This means that a fourth DUI may be prosecuted either as a misdemeanor or as a felony. We call this type of offense a "wobbler". Most prosecuting agencies including the Los Angeles and Orange County district attorneys offices prosecute fourth offenses as felonies as a matter of routine. However, there remains discretion to reduce the offense to a misdemeanor in plea negotiations. This would be appropriate if there are relevant evidential difficulties or if the defendant earned consideration by efforts towards rehabilitation such as residential treatment.

A fourth offense also leads to a license revocation for four years per vehicle code section 13352(a)(7).

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